Collins v AMP Superannuation Limited

Case [2000] FCA 1110


FEDERAL COURT OF AUSTRALIA

Collins v AMP Superannuation Limited [2000] FCA 1110

PRACTICE AND PROCEDURE – application for extension of time to file and serve notice of appeal – whether any prospects of success.

COURTS AND JUDGES – disqualification – judges owning shares in parent company of respondent trustee – whether reasonable apprehension of bias.

Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 14, 46.

Federal Court Rules, O 52, r 15.

Collins v AMP Superannuation Ltd [2000] FCA 290, cited.
Collins v AMP Superannuation Ltd (1997) 75 FCR 565, cited.
Jess v Scott (1986) 12 FCR 187, followed.
Blair v Curran (1939) 62 CLR 464, cited.
Rogers v The Queen (1994) 181 CLR 251, cited.
Webb v The Queen (1994) 181 CLR 41, cited.
Mobil Oil Australia Ltd v Wellcome International Pty Ltd (1998) 81 FCR 475, cited.
Ebner v Official Trustee in Bankruptcy (1999) 91 FCR 353, cited.
Clenae Pty Ltd v Australia & New Zealand Banking Group Ltd [1999] VSCA 35, followed.
Re Jury; Ashton v Prentice (1999) 92 FCR 68, cited.

KIMBERLEY ELLEN COLLINS & ANOR v AMP SUPERANNUATION LIMITED & ORS
A 26 of 2000

SACKVILLE, KATZ & KENNY JJ
7 AUGUST 2000
CANBERRA


IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

A 26 OF 2000

BETWEEN:

KIMBERLEY ELLEN COLLINS and EMMA MARIA COLLINS by their next friend GABRIELLA JEAN PISCIONERI
APPLICANTS

AND:

AMP SUPERANNUATION LIMITED, the Trustee of the Maritime Officers Superannuation Fund
FIRST RESPONDENT

JUSTIN COLLINS and NICHOLAS COLLINS
SECOND RESPONDENTS

JUDGES:

SACKVILLE, KATZ & KENNY JJ

DATE OF ORDER:

7 AUGUST 2000

WHERE MADE:

CANBERRA

THE COURT ORDERS THAT:

1.The application for an extension of time be dismissed.

2.The applicants pay the costs of the first and second respondents.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

A 26 OF 2000

BETWEEN:

KIMBERLEY ELLEN COLLINS and EMMA MARIA COLLINS by their next friend GABRIELLA JEAN PISCIONERI
APPLICANTS

AND:

AMP SUPERANNUATION LIMITED, the Trustee of the Maritime Officers Superannuation Fund
FIRST RESPONDENT

JUSTIN COLLINS and NICHOLAS COLLINS
SECOND RESPONDENTS

JUDGE:

SACKVILLE, KATZ & KENNY JJ

DATE:

7 AUGUST 2000

PLACE:

CANBERRA

REASONS FOR JUDGMENT

THE COURT:

THE APPLICATION FOR EXTENSION OF TIME

  1. This is an application for an extension of time in which to file and serve a notice of appeal from a judgment of Finn J, given on 8 March 2000: Collins v AMP Superannuation Ltd [2000] FCA 290. His Honour granted the present applicants an extension of time in which to file and serve an appeal against a decision of the Superannuation Complaints Tribunal (“the Tribunal”), given on 27 October 1997. Nonetheless, Finn J dismissed the appeal.

  2. The effect of Finn J's orders was to leave in place the determination of the Tribunal.  By that determination, the Tribunal dismissed complaints made by the applicants concerning a…

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AGLC
Collins v AMP Superannuation Limited [2000] FCA 1110
Case
[2000] FCA 1110
Decision Date

CaseChat Overview and Summary

Collins v AMP Superannuation Limited concerned the eligibility of certain individuals to participate in legal proceedings. The dispute was heard in the Federal Court of Australia. The central issue was whether certain judges were disqualified from participating in the case due to potential bias or conflicts of interest. This question arose from the involvement of these judges in earlier proceedings related to the same matter.

The court had to determine whether the actions of Sackville J and Kenny J in previous proceedings constituted grounds for disqualification. The legal issues involved interpreting the principles of judicial disqualification and applying them to the specific circumstances of the case. The court considered whether the previous involvement of the judges in related matters created a reasonable apprehension of bias, and whether this could affect their impartiality in the current proceedings.

After thorough examination, the court concluded that neither Sackville J nor Kenny J was disqualified from participating in the case. The reasoning relied on the principles set out in the case of Re Jury. The court found that the previous involvement of the judges did not give rise to a reasonable apprehension of bias. The decision followed the approach in Re Jury, which emphasized the importance of maintaining the integrity of the judicial process while allowing for the efficient handling of related matters. The court dismissed the application for an extension of time to file and serve a notice of appeal, and ordered the applicants to pay the costs of the first and second respondents.

Orders

Orders of the court

1. The application for an extension of time be dismissed.

2. The applicants pay the costs of the first and second respondents.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

It was for these reasons that the Court took the view that neither Sackville J nor Kenny J was disqualified from participation in the proceedings. The decision was taken by the Court in conformity with the approach taken in Re Jury: see at [19].CONCLUSION The application for an extension of time in which to file and serve a notice of appeal should be dismissed. The Court is of the view that costs should follow the event. Accordingly, the applicants must pay the costs of the first and second respondents.

Ratio Decidendi

Legal Principle Established

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